Regardingn a bounced check, can I just contact whoever is taking me to court and pay it off before the court date so that the case is dismissed?

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Regardingn a bounced check, can I just contact whoever is taking me to court and pay it off before the court date so that the case is dismissed?

I moved to Boston 2 years ago from a small town 1 hour away. I stopped to use the bank account I had there but didn’t close the account. We contacted the post office with our address change and never had problems getting our mail. Yesterday I got a notice that I need to be in court on the 16th of next month and that I’m being accused of larceny by check for under $250. I have not idea what this is about. I have means to pay the amount and if I was aware of this I would have paid.

Asked on December 27, 2013 under Criminal Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, you can't--once a case has reached this stage, the complaining witness (the "victim") is no longer in control: the authorities (e.g. the prosecutor) decide what to do. You should retain an attorney to help you (if you can afford one); the attorney (or you, if you can't afford a lawyer) can contact the prosecutor's office, find out what happened (e.g. "what it's about"; express contrition; and state that if a check bounced, it was by accident and you'd like to make arrangements to pay any amounts owed.


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